RAMESH Vs. BHASKAR

JUDGEMENT

(1.) This revision application has been filed by the petitioner - plaintiff against the judgment and decree dated 14th October, 2004 passed by the 5th Joint C.J.J.D., Aurangabad in R.C.S. NO. 774/2003.

(2.) The revision petitioner (hereinafter referred to as the petitioner) filed R.C.S. NO. 774 of 2003 before the Joint C.J.J.D., Aurangabad. The said suit was filed for recovery of possession of the shop-cum-room, of which description in detail has been given in paragraph 1 of the plaint. It is the contention o the petitioner that the petitioner was forcefully dispossessed from the suit premises. According to the petitioner, he had obtained plot on which the suit property is situated from the defendant on lease @ Rs.600/- per month since 9.9.1998 and constructed the structure thereon converting it into the shop and he was running a grocery shop under the name and style of "M/s Swati Kirana and General Store" since 27th September, 1999 and for construction of the premises, he incurred expenses of Rs.65,000/- and as per agreed terms, he has been paying the rent regularly up till September, 2003. It is his contention that the original defendant - respondent herein, in collusion with the relatives of the defendant, with an intention to evict the petitioner from the suit property, started extending threats to the plaintiff - petitioner to vacate the suit shop from 20th August, 2003. It is further case of the petitioner that he filed complaint before the Police Commissioner on 20th August, 2003 and also at Police Station, Cantonment, Aurangabad but, no action was taken on the said complaints. Finally on 7.10.2003 at about 9.30 a.m. whilst the plaintiff was present in the suit shop, the defendant with the aid of the police person and other relatives of the defendant started throwing the general and kirana goods on the street and locked the shop by defendant and dispossessed the plaintiff illegally from the suit property without following due course of law. Therefore, the petitioner filed civil suit with the following prayer:

(3.) The 5th Joint C.J.J.D., Aurangabad by judgment and order dated 14th October, 2004 dismissed the suit with costs. Aggrieved by the said judgment and order, this civil revision application has been filed by the petitioner / plaintiff.